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Old 06-24-2014, 05:32 AM   #1
jeffk
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Default Cider Bellies is an incorporated business name

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Originally Posted by Weekend Pundit View Post
None of this means that a business can't call themselves "Cider Bellies", just that it's not an exclusive name.
Cider Bellies IS an incorporated business in the state of New Hampshire. As far as I know, NO ONE can sell products labeled with an incorporated businesses name except for that business and it's representatives. No one can sell copied products under the name of the business. I cannot sell dolls that look exactly like Annalee dolls and call them "Annalee" dolls. If the dolls themselves are patented I can't even sell dolls that copy them.

In this case I doubt there is any patent on making cider doughnuts because it is so common. However, if B&G was selling other cider doughnuts under the NAME "Cider Bellies" it is, I believe, illegal and also sleazy business.

I don't know exactly how they were being represented at B&G. If they were simply being called cider doughnuts there was no infringement although there may have been some bad feelings if Cider Bellies was dropped for another brand. I rather doubt this because brand swaps happen all the time. That's normal competition.
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Old 06-24-2014, 07:18 AM   #2
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Originally Posted by jeffk View Post
Cider Bellies IS an incorporated business in the state of New Hampshire. As far as I know, NO ONE can sell products labeled with an incorporated businesses name except for that business and it's representatives. No one can sell copied products under the name of the business. I cannot sell dolls that look exactly like Annalee dolls and call them "Annalee" dolls. If the dolls themselves are patented I can't even sell dolls that copy them.
Well, it may not be that clear..

It's easy to see how easy it is, in reality, to "copy" a product.

Example: WalMart sell the "equate" brand of all sorts of products. They simply have a disclaimer on the packaging. They sell knockoffs of just about every type of OTC medicine made.

"Compare to NyQuil (R) Cold & Flu Active Ingredients*"

The little * leads you to this in tiny print on the back of the bottle..

* this product is not manufactured or distributed by Proctor&Gamble, distributor of NyQuil(R)

I would bet, that if Walmart wanted to "copy" Annalee Dolls, and I doubt they would, they could.
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Old 06-24-2014, 08:23 AM   #3
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Originally Posted by SteveA View Post
Well, it may not be that clear..

It's easy to see how easy it is, in reality, to "copy" a product.

Example: WalMart sell the "equate" brand of all sorts of products. They simply have a disclaimer on the packaging. They sell knockoffs of just about every type of OTC medicine made.

"Compare to NyQuil (R) Cold & Flu Active Ingredients*"

The little * leads you to this in tiny print on the back of the bottle..

* this product is not manufactured or distributed by Proctor&Gamble, distributor of NyQuil(R)

I would bet, that if Walmart wanted to "copy" Annalee Dolls, and I doubt they would, they could.
Yup, if the dolls themselves are not patented I could put a statement saying, "Compare to Annalee dolls". Compare but NOT the same thing. The reason that Walmart, and many others, can make knock-offs is that the components are so common (like cider doughnuts) that they cannot be protectively patented, or the patents have expired. So all sorts of people can sell Acetaminophen, but only McNeil can label it "Tylenol". And if there is a problem with Walmart's knock-off brand, McNeil has NO liability. The public has to decide if a knock-off really does "compare" to a Name Brand.

As I expressed, we don't know if this was a vendor, B&G, switching brands or a vendor falsely labeling their products. The first case is normal business. If someone is upset about it, it's silly. The second case is illegal and a sleazy business practice.

Quite a difference and we on this forum just don't know.
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Old 06-24-2014, 01:34 PM   #4
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Default Message from Cider Bellies Owner

Hi everyone,
I've been reading all the posts that have been written and thought I would reply to a few of the comments.
First, I want to thank everyone for their continuous support! My business has seen so much success in the past four years and I am so grateful to live in an area where people are so supportive and genuinely want to see small businesses succeed. Also, I wanted to especially thank the community of Gilford who have been nothing but welcoming and downright excited about our arrival these past few weeks. It truly makes some of the early mornings easier to adjust to when there are smiling faces ready to greet you each day.
Second, as much as people would love to create rumors or rivalries to make life a bit more interesting I'm here to squash many of these, sorry! Yes, a complaint came into the town about the Sawyers site plan and yes, I have heard that Beans and Green initiated that complaint; however they were well within their right to do so! Since then the town has approved the site plan and we are now up and running, leaving the past as just that, the past. We have no ill-will or grudge with Beans and Greens over this matter and you will never hear me or my staff speak poorly about Beans and Greens. They too are a small business trying to find their way and success in this area and I respect that.
Finally, Beans and Greens did sell Cider Bellies Doughnuts last year. However, I made a business decision to stop wholesaling my product to them, the reasons behind that decision will remain between Beans and Greens and I. I have heard that they are now selling cider doughnuts and I welcome the competition. We live in the United States where our economy is founded on this very idea. I in no way own exclusive rights to cider doughnuts and would never deter anyone from creating their own version of this product! I simply own my name and my recipe, thats it.
For me, it's great that so many people love my product and I love hearing all the compliments that stream in throughout the day but I also appreciate the fact that if someone doesn't like my product there are other options out there for them to choose from. I'm in this business to make people smile and provide the best doughnuts I know how to make but I understand that I cannot please everyone and hopefully my competitors will succeed in pleasing the people that I may not be able to.
Our community it just that, a community, and its important to stand together, support one another and work together so this is a great place for everyone to live and find success in.
Thanks again for all your support you have no have no idea how fun and exciting this journey has been for me! If you have further comments or questions for me specifically please feel free to contact me at ciderbelliesdoughnuts@yahoo.com. Please do not write me on this forum as this is my husbands account and I may not get the message or he may not be able to respond to topics that concern Cider Bellies.
Jessica Stephens, Owner, Cider Bellies
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Old 06-24-2014, 06:34 PM   #5
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Originally Posted by Rob1221 View Post
Hi everyone,
I've been reading all the posts that have been written and thought I would reply to a few of the comments.
First, I want to thank everyone for their continuous support! My business has seen so much success in the past four years and I am so grateful to live in an area where people are so supportive and genuinely want to see small businesses succeed. Also, I wanted to especially thank the community of Gilford who have been nothing but welcoming and downright excited about our arrival these past few weeks. It truly makes some of the early mornings easier to adjust to when there are smiling faces ready to greet you each day.
Second, as much as people would love to create rumors or rivalries to make life a bit more interesting I'm here to squash many of these, sorry! Yes, a complaint came into the town about the Sawyers site plan and yes, I have heard that Beans and Green initiated that complaint; however they were well within their right to do so! Since then the town has approved the site plan and we are now up and running, leaving the past as just that, the past. We have no ill-will or grudge with Beans and Greens over this matter and you will never hear me or my staff speak poorly about Beans and Greens. They too are a small business trying to find their way and success in this area and I respect that.
Finally, Beans and Greens did sell Cider Bellies Doughnuts last year. However, I made a business decision to stop wholesaling my product to them, the reasons behind that decision will remain between Beans and Greens and I. I have heard that they are now selling cider doughnuts and I welcome the competition. We live in the United States where our economy is founded on this very idea. I in no way own exclusive rights to cider doughnuts and would never deter anyone from creating their own version of this product! I simply own my name and my recipe, thats it.
For me, it's great that so many people love my product and I love hearing all the compliments that stream in throughout the day but I also appreciate the fact that if someone doesn't like my product there are other options out there for them to choose from. I'm in this business to make people smile and provide the best doughnuts I know how to make but I understand that I cannot please everyone and hopefully my competitors will succeed in pleasing the people that I may not be able to.
Our community it just that, a community, and its important to stand together, support one another and work together so this is a great place for everyone to live and find success in.
Thanks again for all your support you have no have no idea how fun and exciting this journey has been for me! If you have further comments or questions for me specifically please feel free to contact me at ciderbelliesdoughnuts@yahoo.com. Please do not write me on this forum as this is my husbands account and I may not get the message or he may not be able to respond to topics that concern Cider Bellies.
Jessica Stephens, Owner, Cider Bellies
and that, folks, is how it is done!
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Old 06-24-2014, 07:35 PM   #6
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Default The Lady has Class

Quote:
Originally Posted by Rob1221 View Post
Hi everyone,
I've been reading all the posts that have been written and thought I would reply to a few of the comments.
First, I want to thank everyone for their continuous support! My business has seen so much success in the past four years and I am so grateful to live in an area where people are so supportive and genuinely want to see small businesses succeed. Also, I wanted to especially thank the community of Gilford who have been nothing but welcoming and downright excited about our arrival these past few weeks. It truly makes some of the early mornings easier to adjust to when there are smiling faces ready to greet you each day.
Second, as much as people would love to create rumors or rivalries to make life a bit more interesting I'm here to squash many of these, sorry! Yes, a complaint came into the town about the Sawyers site plan and yes, I have heard that Beans and Green initiated that complaint; however they were well within their right to do so! Since then the town has approved the site plan and we are now up and running, leaving the past as just that, the past. We have no ill-will or grudge with Beans and Greens over this matter and you will never hear me or my staff speak poorly about Beans and Greens. They too are a small business trying to find their way and success in this area and I respect that.
Finally, Beans and Greens did sell Cider Bellies Doughnuts last year. However, I made a business decision to stop wholesaling my product to them, the reasons behind that decision will remain between Beans and Greens and I. I have heard that they are now selling cider doughnuts and I welcome the competition. We live in the United States where our economy is founded on this very idea. I in no way own exclusive rights to cider doughnuts and would never deter anyone from creating their own version of this product! I simply own my name and my recipe, thats it.
For me, it's great that so many people love my product and I love hearing all the compliments that stream in throughout the day but I also appreciate the fact that if someone doesn't like my product there are other options out there for them to choose from. I'm in this business to make people smile and provide the best doughnuts I know how to make but I understand that I cannot please everyone and hopefully my competitors will succeed in pleasing the people that I may not be able to.
Our community it just that, a community, and its important to stand together, support one another and work together so this is a great place for everyone to live and find success in.
Thanks again for all your support you have no have no idea how fun and exciting this journey has been for me! If you have further comments or questions for me specifically please feel free to contact me at ciderbelliesdoughnuts@yahoo.com. Please do not write me on this forum as this is my husbands account and I may not get the message or he may not be able to respond to topics that concern Cider Bellies.
Jessica Stephens, Owner, Cider Bellies
And Great Donuts. Good luck to you Jessica. You've addressed this to perfection
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Old 06-25-2014, 07:54 AM   #7
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VERY well said! I wish you luck with your business. It sounds like you know what you are doing.
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Old 06-27-2014, 05:56 PM   #8
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VERY well said! I wish you luck with your business. It sounds like you know what you are doing.
What he said!!
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Old 06-27-2014, 07:24 PM   #9
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Default tried a cider belly

the other day and my opinion the donut was small and the price was high. I would rather arrive early for a Goody Good donut! Better than Brothers!
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Old 06-27-2014, 10:00 PM   #10
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the other day and my opinion the donut was small and the price was high. I would rather arrive early for a Goody Good donut! Better than Brothers!

Not!


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Old 06-28-2014, 05:29 AM   #11
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And Great Donuts. Good luck to you Jessica. You've addressed this to perfection
Wonderful response Jessica! Classy..

Best of luck..!!!
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Old 06-24-2014, 07:29 AM   #12
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Originally Posted by jeffk View Post
I don't know exactly how they were being represented at B&G.
And that seems to pretty much sum up the information everyone here is operating on.

If somebody has some specific examples, it would be helpful.

If B&G decided to sell their own cider donuts because they thought they could make them better, cheaper, faster, whatever, that is all part of doing business.

I have no personal connection to B&G or Cider Bellies (but, I *do* like donuts), but so far this sounds mostly like stuff that goes on every day in retail. Sellers are looking for cheaper/higher-margin alternatives to popular products.
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